By Dutton                                             H.B. No. 2639
         77R6039 JSA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the inclusion of an incarcerated person in the
 1-3     population data used for redistricting according to the person's
 1-4     last residence before incarceration.
 1-6           SECTION 1. Chapter 2058, Government Code, is amended by
 1-7     adding Sections 2058.003 and 2058.004 to read as follows:
 1-9     COUNTS. (a)  Not later than the next September 1 following the date
1-10     on which the tract-level population counts for this state from the
1-11     federal decennial census are released by the director of the Bureau
1-12     of the Census of the United States Department of Commerce, the
1-13     comptroller shall prepare and disseminate adjusted population
1-14     counts for each geographic unit included in the census counts as
1-15     provided by this section.
1-16           (b)  Not later than June 1 of the year in which the federal
1-17     decennial census is conducted, each state or local governmental
1-18     entity in this state that operates a facility for the incarceration
1-19     of persons convicted of a criminal offense, including a mental
1-20     health institution for those persons, or that places any person
1-21     convicted of a criminal offense in a private facility to be
1-22     incarcerated on behalf of the governmental entity, shall submit a
1-23     report to the comptroller with the following information:
1-24                 (1)  the name of each person incarcerated in a facility
 2-1     operated by the governmental entity or in a private facility on
 2-2     behalf of the governmental entity on the date for which the census
 2-3     reports population who completed a census form, responded to a
 2-4     census inquiry, or was included in any report provided to census
 2-5     officials, if the form, response, or report indicated that the
 2-6     person resided at the facility on that date;
 2-7                 (2)  the age, gender, and race of each person included
 2-8     in the report and whether the person is of Hispanic, Latino, or
 2-9     Spanish origin, if known; and
2-10                 (3)  the last address at which the person resided
2-11     before the person's current incarceration.
2-12           (c)  Each governmental entity required to make a report under
2-13     Subsection (b) shall ensure that it collects and maintains the
2-14     information required to make the report.
2-15           (d)  The comptroller shall request each agency that operates
2-16     a federal facility in this state that incarcerates persons
2-17     convicted of a criminal offense to provide the comptroller with a
2-18     report including the information listed in Subsection (b) for
2-19     persons convicted of an offense in this state.
2-20           (e)  For each person included in a report received under
2-21     Subsection (b) or (d), the comptroller shall determine the
2-22     geographic units for which population counts are reported in the
2-23     federal decennial census that contain the last address at which the
2-24     person resided before the person's incarceration according to the
2-25     report and, if that address is in this state:
2-26                 (1)  adjust all relevant population counts reported in
2-27     the census, including populations by age, gender, race, and
 3-1     Hispanic, Latino, or Spanish descent, as if the person resided at
 3-2     that address on the day for which the census reports population;
 3-3     and
 3-4                 (2)  eliminate the person from all applicable
 3-5     population counts reported in the federal decennial census for the
 3-6     geographic units that include the facility at which the person was
 3-7     incarcerated on the day for which the census reports population.
 3-8           (f)  Not later than October 1, 2001, each governmental entity
 3-9     to which Subsection (b) applies shall provide the report described
3-10     by that subsection to the comptroller for persons incarcerated on
3-11     April 1, 2000.  The comptroller shall prepare adjusted population
3-12     counts for each geographic unit included in the 2000 federal
3-13     decennial census as required by this section not later than January
3-14     1, 2002.  This subsection expires January 1, 2003.
3-15           Sec. 2058.004.  USE OF ADJUSTED CENSUS COUNTS FOR
3-16     REDISTRICTING. (a)  Each political subdivision of this state that
3-17     elects any members of a governmental body from election districts,
3-18     wards, or precincts that are subject to the one-person one-vote
3-19     requirement of the Constitution of the United States shall ensure
3-20     that after redistricting each of those election districts, wards,
3-21     or precincts does not vary from the average population of those
3-22     districts, wards, or precincts according to the most recent
3-23     adjusted population counts prepared by the comptroller under
3-24     Section 2058.003 by more than five percent.
3-25           (b)  A state governmental body, including the legislature,
3-26     the Legislative Redistricting Board, or any state court, that
3-27     redistricts any election districts subject to the one-person
 4-1     one-vote requirement of the Constitution of the United States shall
 4-2     comply with the restriction provided by Subsection (a).
 4-3           (c)  A governmental entity to which this section applies may
 4-4     exceed the adjusted population restrictions required by this
 4-5     section only to the extent necessary to comply with federal law.
 4-6           SECTION 2.  This Act takes effect immediately if it receives
 4-7     a vote of two-thirds of all the members elected to each house, as
 4-8     provided by Section 39, Article III, Texas Constitution.  If this
 4-9     Act does not receive the vote necessary for immediate effect, this
4-10     Act takes effect September 1, 2001.